(As published on 10/29/2010 in Epoch Times (in Chinese) as part of an ongoing series addressing general immigration questions posed by readers.)

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family—the Basic Program and the Regional Center Pilot Program. Both programs require that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States. TEA is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”

The new commercial enterprise must create or preserve 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident (CPR).

I want to invest $500,000.00 in an area, but there is no regional center there. How long does it take for a regional center to be established in the mid-America?

What are the requirements for me and my company to meet to get my permanent status?

The target case processing time is four months for new regional center proposals and for amended regional center proposals for approved regional centers.

A Regional Center is defined as any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. The organizers of a regional center seeking the regional center designation from USCIS must submit a proposal showing:

• How the regional center plans to focus on a geographical region within the United States, and must explain how the regional center will achieve economic growth within this regional area;
• That the regional center’s business plan can be relied upon as a viable business model stating market conditions, project costs, and activity timelines;
• How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan;
• The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.

When making an investment in a new commercial enterprise affiliated with a USCIS-designated regional center under the Regional Center Pilot Program, an immigrant investor may satisfy the job creation requirements of the program through the creation of either direct or indirect jobs. Notably, an immigrant investing in a new commercial enterprise under the Basic Program may only satisfy the job creation requirements through the creation of direct jobs.

• Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.
• Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor.

How long does it take for me to immigrate to America once I apply for EB-5 immigration visa?

What's the requirement? What document do I need to provide?

I have a 22-year old son and a 17-year old daughter. Can both of them come to the U.S. once my immigration status application is approved? If my 22-year old cannot come with me, how long will it take for him to come to the U.S.?

Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. The target case processing time is five months for Forms I-526 and I-829.

• First, a successful applicant must obtain approval of his or her Petition for an Alien Entrepreneur (Form I-526). 
• Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and their derivative family members) is granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa. 
• Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by USCIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.

The processing time for these filings is of approximately five to six months.

Please note that the Application for Regional Center under the Immigrant Investor Program (Form I-924) effective is effective Nov. 23, 2010, and the filing fee is of $6,230.

Where can I find more information about this program?

To learn more about the EB-5 immigrant investor program, please refer to these links:

• EB-5 Immigrant Investor
• Immigrant Investor Regional Centers, www.uscis.gov/eb-5centers
• EB-5 Inquiries

You may also visit http://www.uscis.gov/ or call 1-800-375-5283.

For the first time, USCIS is introducing a standardized fee waiver form. The new form, entitled “Form I-912, Request for Fee Waiver”, is available for use today. The new fee schedule also takes effect today.

Comments received during the development of the form reflected applicants’ concerns and experiences in requesting fee waivers. We used many of the recommendations they provided to make the fee waiver form and its instructions easy to understand.

The form identifies clear requirements for documenting a fee waiver request and the instructions give information on the methodology that USCIS uses to evaluate the requests.

We are also seeking feedback on a new guidance memorandum documenting our consolidated policy for reviewing fee waiver requests. Stakeholders and the general public are encouraged to visit www.uscis.gov/outreach to review the new memorandum and offer their input.

USCIS’s latest fee rule expands the availability of fee waivers to several new categories. The new fee schedule also increases fees by a weighted average of about 10 percent, but does not increase the fee on naturalization applications.

Have you ever had a comment for or complaint about USCIS? The following five questions and answers were put together to provide those we serve with information on how best to address comments and complaints regarding various aspects of the work that we do:

1. What should I do if I feel that I have received rude or unprofessional treatment by an officer or security guard at USCIS?

If you believe that you or someone you represent has been treated improperly, please ask to speak to a USCIS supervisor. There will always be a supervisor on duty. If, for whatever reason, you cannot speak to a supervisor, there are additional ways that you can submit a complaint, listed below.

2. How do I file a complaint with USCIS?

There are several ways that a customer may file a complaint with USCIS:

• If you are at a USCIS office and feel that you are being mistreated or are unhappy with the service you received, it is best to raise your concerns with a supervisor while you are still at the office. The supervisor will be able to immediately address your concerns before you depart the office.
• You may also write USCIS with your complaint. The mailing addresses of USCIS offices can be found at the “Find a USCIS Office” page. USCIS reads and takes seriously every complaint that we receive.
• Customers are welcome to submit their complaint directly with the Department of Homeland Security’s (DHS) Office of Inspector General (OIG). Contact information for the DHS OIG can be found on USCIS’s “Contact Us” page. This information is also posted in the waiting rooms of USCIS Field Offices.
• You may raise your concerns to USCIS Headquarters. Headquarters information can be found on the “Directorates and Program Offices” page of www.uscis.gov.

3. How do I file a complaint about the National Customer Service Center (NCSC)?

If you call the NCSC and feel that you are not receiving proper service, you may ask to speak to the representative’s supervisor. You can also write the Customer Service Directorate at:

USCIS Customer Service Directorate
Contact Center Enterprise Office
111 Massachusetts Avenue NW
Mailstop 2260
Washington, DC 20529

When you write the Customer Service Directorate, it is helpful if you include the following information in your letter:

• Date and time of the call
• The phone number you used to call the NCSC
• The name or ID number of the representative you spoke with

USCIS keeps NCSC call recordings for 90-days. Providing the information above will assist in locating the call so that we can effectively address your concerns.

4. I have information about misconduct or criminal activity of a USCIS officer, who should I notify?

Please report this information to the DHS OIG:

• Toll-free DHS Hotline at 1-800-323-8603
• By fax at (202) 254-4292
• Via e-mail to dhsoighotline@dhs.gov 
• By mail to the following address:
  
  Department of Homeland Security
  Attn: Office of the Inspector General
  245 Murray Drive, Building 410 Stop: 2600
  Washington, D.C. 20528

5. I have a suggestion for USCIS, where can I direct my comment?

You should submit your comment to the appropriate office (i.e. if it is a suggestion about a service center, you can send your comment to the service center). The mailing addresses for offices can be found on the “Find a USCIS Office” page.

Posted by Alejandro Mayorkas

Standing Proud With Our Newest Citizens, Honoring Our Veterans


Today is Veterans Day, a day reserved to express our solemn and immeasurable appreciation for the men and women who have served in the U.S. Armed Forces. We recognize the sacrifices that service members make each and every day for our great nation, sacrifices that are to be forever honored. That in America volunteers enlist in service of our country is a unique source of pride. The principles of freedom, justice, and equality form the foundation of our nation. Immigrants not yet citizens have joined our military and served with distinction alongside citizens in defense of these principles.

Yesterday I was proud to address 75 members of the military who are becoming naturalized citizens on the deck of the USS Midway in San Diego, California. (Read more - click here)

Labels: Military

As a part of our work leading up to Veterans Day, we wanted to post a list of questions frequently asked by members of the military and members of their families - and provide the answers here.

1. How do I report a birth abroad?

According to the Department of State: "The birth of a child abroad to U.S. citizen parent(s) should be reported as soon as possible to the nearest American consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth. The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth or FS-240, is considered a basic United States citizenship document. An original FS-240 is furnished to the parent(s) at the time the registration is approved."

You can find more information on the Department of State’s website.

2. I’m not able to keep the ASC appointment in U.S. because I’m overseas with spouse and children. What do I need to do?

If you and your family are stationed abroad, you can submit two properly completed FD-258 Fingerprint Cards taken by:

• U.S. Department of Homeland Security officials, 
• U.S. Embassy or Consulate officials, or
• U.S. Military Police,

3. I am an active duty military member stationed abroad. How do I check the status of my application?

You can check the status of any application by clicking on the “Check My Case Status” link on the USCIS homepage at www.uscis.gov. Please Note: when checking the status of a Petition to Remove the Conditions of Residence, Form I-751, you must use the receipt number from your ASC appointment notice. You may also check your case status by calling the USCIS Military Help Line at 877-CIS-4MIL (877-247-4645).

4. I am a military naturalization applicant. When am I permitted to file my Application for Naturalization, Form N-400?

If you are applying for naturalization through U.S. military service during a designated period of hostility, you may file the Application for Naturalization, Form N-400, once you have completed one day of honorable service on active duty or in the Selected Reserve of the Ready Reserve. In most cases, the earliest you can submit your application is during basic training. Individuals in the Delayed Entry Program (DEP) are typically not eligible to apply.

5. I am abroad and my conditional resident status will expire prior to my return to the United States. Can my spouse file the Petition to Remove Conditions on Residence (Form I-751) without my signature?

Yes. USCIS will accept Petition to Remove Conditions on Residence, Form I-751 without a signature if:

• The form is signed by the conditional resident spouse and
• Accompanied by the required evidence outlined in the form instructions and
• Includes a copy of official orders abroad.

Make sure you contact the Military Help Line at 1-877-CIS-4MIL (1-877-247-4645) to notify USCIS when you return to the United States.

For more information about immigration benefits for members of the military and their family, please visit our website at www.uscis.gov/military.

Labels: Military

Labels: Military

As we approach Veteran's Day, The Beacon will feature a number of posts honoring those who served. Today, we feature stories authored by two veterans working for USCIS. The first is Ken Sherman, our Field Office Director in Seoul, South Korea. Ken served in the U.S. Air Force from 1986-1990 and writes about growing up in a military family.

My first experience overseas was as a small child when we were stationed at Tainan Air Force Base (AFB), Taiwan from 1968 to 1970. We were at a small base in the southeast of Taiwan. We were cut off from many American things, but we did receive support from our country. The department of defense provided excellent schooling, nice housing, and the military families supported each other. 

Picture of Ken on a plane flying from Kabul, Afghanistan to Bagram AFB, Afghanistan in April 2009

Labels: Military